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NC BLET Arrest, Search and Seizure.202 questions AND correct answers 2024.
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NC BLET Arrest, Search and Seizure.202questions AND correct answers 2024.
Three Sources of Law
Constitutional Law
Statutory Law
Common Law
Constitutional Law
The supreme law of the land. All other laws must comply with the basic constitutional provisions.
Statutory Law
Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law
Judge Made Law
Tradition based "Case Law"
Types of Law
Substantive Law
Procedural Law
United States Constitution
Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause
The Constitution, laws, and treaties of the United States are the supreme law of the land. Judges of every
state are bound by the US Constitution regardless of contrary state law. This article also requires all
legislative, executive, and judicial officers of both the states and the United States to take an oath to
support the Constitution.
The Four Procedural Safeguards
Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
Bill of Rights
First Ten Amendments to the U.S. Constitution
,Due Process Clause
(Historical) Applied most of the safeguards in the bill of rights to the States.
First Amendment
Freedom of Religion-Government may not require or enforce religious observations. Free exercise but
criminal acts may be excluded(example- use of Peyote during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning the
American Flag)
Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the government for a
redress of grievances.
Restrictions on Free Speech
Panic exciting speech (Shouting FIRE in a movie theater)
Types of Speech with No First Amendment Protection
Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment
States that Congress shall not infringe on the right of the people to bear arms.
Third Amendment
(Historical) Prevents the quartering of troops in private residences.
Fourth Amendment
Prohibits unreasonable searches and seizures by the government.
Exclusionary Rule
Any evidence obtained by the government through an illegal (unreasonable) search and seizure is
inadmissible in court.
Fifth Amendment
Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment
Gives an accused certain fundamental rights in criminal prosecutions. Grants the rights to a speedy and
public trial, right to an impartial jury, right to face ones accusers, right to be informed of the nature and
, cause of the accusation and right to legal process to compel the appearance of witnesses. GRANTS THE
ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right to___________?
Counsel
Seventh Amendment
Preserves the right of trial by jury in civil cases. Provides for a trial by 12 people.
Eighth Amendment
Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment
Additional rights not listed in the first eight amendments.
Tenth Amendment
Reserves the powers not granted to the United States Government to the states or the people.
Fourteenth Amendment
Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process
Procedural Due Process
Substantive Due Process
Procedural Due Process
Guarantees that the government will not take a persons life, liberty, or property interest without notice
and a meaningful opportunity to be heard.
Substantive Due Process
Guarantees that the notice,hearing, and result are fair
Due Process guarantees ________,____________, and _____________?
A right to counsel
A right to speedy and public trial
A right to be free from the use of unlawfully seized evidence and unlawfully obtained confessions.
Two types of Jurisdiction
Territorial
Subject Matter
Statewide Jurisdiction
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